This Article VIII is enacted by the Town of Bedford pursuant to RSA 674:21, II. This innovative land use control ordinance shall provide for all approvals, including the granting of conditional or special use permits, by the Planning Board. Any decision made by the Planning Board under this innovative land use control ordinance may be appealed directly to Superior Court in the same manner provided by statute for appeals from the Planning Board, as set forth in RSA 676:5, III, and RSA 677:15. A waiver process from particular requirements set forth in Article VIII may be employed by the Planning Board where the applicant demonstrates substantial compliance with the standards set forth in Article VIII, § 275-58, Purpose, Subsections A through E.

Zoning was first implemented as a technique for separating incompatible types of land development, thereby protecting low-intensity uses from the harmful or disagreeable impacts of high-intensity uses. However, conventional zoning may produce its own set of undesirable side-effects.

As design and technology continually change in the marketplace, new types of land uses are proposed which cannot be easily assigned to existing zoning classifications. Too often, innovative land developments are either denied outright (resulting in loss of tax revenue to the municipality), appealed to the Zoning Board of Adjustment (where special conditions are imposed), or subjected to lengthy rezoning procedures (requiring a Town-wide ballot vote).

Performance standards measure the quantifiable impacts of each proposed development rather than prohibiting certain classes of land use. This type of zoning offers an alternative method for implementing community goals as outlined in the 1990 Bedford Master Plan and the 1983 Route 3 Corridor Study, while protecting the right of private property owners to utilize their land according to highest and best use.

To optimize financial return on public infrastructure investments and expenditures, including municipal sewer, municipal water supply, the Manchester Airport, Class I and II public highways, and the Merrimack River amenities;

To preserve valuable historical, cultural, and natural features within the district and to minimize adverse environmental impacts such as water, air, light, noise pollution, flooding, clear cutting of vegetation, and the blocking of scenic views.

Except where specifically defined or otherwise referenced within this article, words and terms used are intended to imply their customary definition and meaning. The following words and terms are specifically defined as follows:

A commercial establishment that devotes more than 15% of the total display, shelf, rack, wall, table, stand or floor area, utilized for the display and sale of the following items listed in Subsection A and B below. The establishment, as one of the principal business purposes, offers for sale or rental for any form of consideration any one of more the following:

Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, video reproductions, slides, tapes, records, CDs or other forms of visual or audio representations which depict or describe specified sexual activities or specified anatomical areas or meet the definition of "harmful to minors" and/or "sexual conduct" as set forth in RSA-571-B:1; or

Instruments, devices or paraphernalia which are designed for use in connection with sexual conduct as defined in RSA-571-B:1, other than birth control devices. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual conduct or activities and still be categorized as adult video/bookstore. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult video/bookstore so long as one of its principal business purposes is offering for sale or rental for consideration to specified material which depict or describe specified sexual conduct or activities or specified anatomical areas.

"Adult bookstore or adult video store" does not include an establishment that sells books or periodicals as an incidental or accessory part of its principal stock and trade and does not devote more than 15% of the total display area of the establishment to the sale of books and periodicals.

A nightclub, bar, restaurant or similar establishment which during a substantial portion of the total presentation time features live performances which meet the definition of "harmful to minors" and/or "sexual conduct" as set forth in RSA 571-B:1, and/or features films, motion pictures, video cassettes, slides or other photographic reproductions, a substantial portion of the total presentation time of which is devoted to showing of material which meets the definition of "harmful to minors" and/or "sexual conduct" as set forth in RSA 571-B:1.

An open lot or part thereof, with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions and other forms of visual productions, for any form of consideration to persons in motor vehicles or on outdoor seats, in which a substantial portion of the total presentation time being presented for observation by patrons is devoted to the showing of material which meets the definition of "harmful to minors" and/or "sexual conduct" as set forth in RSA 571-B:1.

A motel or similar establishment offering public accommodations of any form of consideration which provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides or photographic reproductions, a substantial portion of the total presentation time of which is distinguished or characterized by an emphasis upon the depiction or description of materials which meet the definition of "harmful to minors" and/or "sexual conduct" as set forth in RSA 571-B:1.

Any place to which the public is permitted or invited wherein coin- or slug-operated or electronically, electrically or mechanically controlled still- or motion-picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, in which a substantial portion of the total presentation of the images so displayed is devoted to the showing of material which meets the definition of "harmful to minors" and/or "sexual conduct" as set forth in RSA 571-B:1.

An establishment with a capacity of five or more persons where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which meets the definition of "harmful to minors" and/or "sexual conduct" as set forth in RSA 571-B:1, for observation by patrons. For the definitions of adult cabaret, adult drive-in theater, adult motel, adult motion-picture arcade, adult theater and this definition of adult motion picture theater, a "substantial portion of the total presentation time" shall mean the presentation of films or shows described above for viewing on more than seven days within any fifty-six-consecutive-day period.

A theater, concert hall, auditorium or similar establishment, either indoor or outdoor in nature, which for any form of consideration regularly features live performances, a substantial portion of the total presentation time of which is distinguished of characterized by an emphasis on activities which meet the definition of "harmful to minors" and/or "sexual conduct" as set forth in RSA 571-B:1.

The provisions of this article which provide potentially advantageous land use arrangements to individuals as compensation for voluntarily utilizing their property(s) in a preferred but not required manner.

An operational system constructed and maintained for the collection and renovation of nonhazardous wastewater flows, which is either owned and maintained by a municipality or a public utility company licensed by the Public Utilities Commission of the State of New Hampshire.

An operational system constructed and maintained for the purpose of distribution of potable water for general use, which is either owned and maintained by a municipality or a public utility company licensed by the Public Utilities Commission of the State of New Hampshire.

A place where a person who appears in a state of nudity or displays male genitals in a state of arousal and/or the vulva or more intimate parts of the female genitals and is observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration or such display is characterized by an emphasis on activities which meets the definition of "harmful to minors" and/or "sexual conduct" as set forth in RSA 571-B:1.

All land uses, or combinations thereof, enumerated hereunder are permitted within the Performance Zoning District subject to review for suitability by the Planning Board. Prior to any Planning Board approval of a proposed use, the applicant must demonstrate that the proposed use will meet all of the performance standards established in the following sections, the Bedford Subdivision Regulations, the Bedford Nonresidential Site Plan Review Regulations, and shall not produce any negative impacts on surrounding properties.

Gasoline service stations. Gasoline service stations are subject to Footnote 12 in Table 2, Table of Uses, of this chapter.[1] Gasoline service stations and their accessory uses may be permitted in the PZ Zone only by the granting of a conditional use permit by the Planning Board. Applications for a conditional use permit shall address the following: purpose of the Performance Zoning District, dimensional standards, highway improvements, sewer and water connections, setbacks, landscaping, signage, parking, screening of refuse and pumps, lighting, environmental safeguards, nuisance odors, market data to support the proposed location, access to a signalized intersection, existing and future traffic analysis, identification of existing stations within a five-mile radius, and provisions for termination of the conditional use permit if the station is abandoned.

In order to accomplish the stated intent and purpose of this article, as well as ensure that the goals and objectives of both the 1990 Bedford Master Plan and the 1983 Route 3 Corridor Study are fulfilled, performance zoning standards enumerated within Table 3, Table of Performance Dimensional Standards, have been developed.[1]

No building or structure shall be erected, enlarged, altered, or relocated, nor shall any existing lot size be changed or new lot created within the Performance Zoning District, except in accordance with the Table of Performance Dimensional Standards or as otherwise specified within this article.

In recognition of the need to protect the overall integrity and character of the Performance Zoning District, as well as to promote the development of a system of local roads and utilities for properly servicing properties within the Performance Zoning District, the performance zoning standards presented in Table 3, Table of Performance Dimensional Standards, have been formulated so as to include incentive bonus standards.

These incentive bonus standards have been created as means for rewarding those who choose to voluntarily develop their properties in a way that is most compatible with the stated goals and objectives of the 1990 Bedford Master Plan and the 1983 Route 3 Corridor Study.

Purpose. Recognition that less restrictive minimum lot area and frontage requirements for sites which either front on local roads or have shared access from Route 3 can promote favorable development along this corridor, without adversely affecting traffic patterns.

Reduction in minimum lot area and frontage. As an incentive bonus to encourage this concept of local road construction and/or shared access, minimum lot area and frontage requirements will be relaxed from a minimum lot size of three acres with 300 feet of frontage, to 1.5 acres with 150 feet of frontage when a municipal water supply and/or municipal sewer is not available.

Waiver of soils and steep slopes regulation. The Planning Board may further waive the soils and steep slopes regulation contained within the Subdivision Regulations of the Town of Bedford, New Hampshire, for sites created under this incentive bonus standard. (See Figure 4, Incentive Bonus Standards.[2])

Purpose. Recognition that sites created which take advantage of the incentive bonus standard outlined above should have an additional incentive bonus to expend funds for connection to municipal sewer and a municipal water supply.

Waiver of construction improvements. This incentive is provided in order to offset the cost of providing these utilities. This incentive bonus can also be attained by contributing funds to a Town-administered fund for future utility connection in lieu of actually constructing these improvements at the time of subdivision. (See Figure 4, Incentive Bonus Standards.)

Land within 50 feet of U.S. Route 3. Recognition that individuals who voluntarily agree to provide easement deeds over that portion of their land within 50 feet of the present center line of U.S. Route 3, thereby reserving this easement area for future widening or similar improvements to this corridor, may be compensated for this action by being allowed to develop their properties to an extent greater than that allowed by the maximum impervious coverage requirements otherwise permitted within this district.

In recognition of the need to protect the aesthetic qualities of the Performance Zoning District, while still maintaining appreciation for the needs of all potential users, an incentive bonus standard has been developed wherein front structure setback requirements may be relaxed for those who choose to develop sites in such a way as to place parking pavements to the side and rear of proposed buildings.

Those who choose to take advantage of this incentive bonus standard may reduce their required front structure setback by 50% of that otherwise required within this district subject to the minimum front structure setback dimension. In effect, use of this incentive bonus standard expands the envelope of available building area on any given site.

A parcel of land, with an area greater than or equal to the difference between the minimum required lot area from Table 3, Table of Performance Dimensional Standards, and the proposed lot area is deeded in fee simple to the Town of Bedford or a nonprofit organization acceptable to the Bedford Town Council;

Those utilizing this performance standard must offer any land, which is not to be retained by the subdivider, to the Bedford Town Council. In considering any such offer, the Town Council may elect to accept the land for Town ownership and use; reject the offer; or defer ownership to a third party, nonprofit organization of their selection for permanent use as public recreation, conservation, open space, or historic preservation;

The parcel to be retained by the subdivider shall meet applicable NHDES lot sizing criteria when public sewers are not available at the time of subdivision. Further, the Planning Board may elect to waive the soils and steep slopes based lot sizing requirements contained within the Subdivision Ordinance of the Town of Bedford;

Intent. To preserve and enhance the aesthetic qualities of the Performance Zoning District by establishing a matrix of landscape design and planting options which perform in relationship to the intensity of the proposed land use. It is anticipated that through the implementation of landscape strips and incentive bonuses, the following objectives can be accomplished:

Reinforce the visual image of Bedford's Performance Zoning District as tree-lined streets, through the planting of native shade trees along roadways, installation of underground utilities, and design of monument or pedestal signage rather than pole signage; and

Plantings requirements. All plantings required by this article shall be installed according to accepted horticultural standards and shall be regularly maintained. Required plantings shall be replaced as necessary in order to maintain compliance with these zoning standards.

Verification of incentive bonuses provisions/waivers. Where incentive bonuses or waivers are employed, the Bedford Planning Department shall have the ability to verify the effectiveness, health, size, and number of retained plantings at the completion of construction. Any deficiencies found with regard to these items shall be corrected and may require the installation of additional plantings prior to the issuance of a certificate of occupancy.

Waivers for public safety. None of the landscape requirements contained within this article shall be construed so as to require installation of improper plantings where safe site distance at drives or along public streets may be inhibited by such plantings. The Planning Board may waive any landscape requirements of this article when deemed to be necessary for reasons of public safety.

Open space. All areas disturbed by construction shall be covered with a minimum thickness of four inches of suitable topsoil and be subsequently planted with grass seed, sod, or other vegetative ground cover.

Where easements for street widening are conveyed, the street tree landscape strip shall overlap onto the front landscape strip, and street trees should be planted along the inside of any such easement line, within the front landscape strip.

The street tree strip shall be planted with a minimum of one indigenous shade tree for every 50 feet of right-of-way frontage. Examples of indigenous shade trees are maple, oak, and ash. The size of the trees to be planted within this area shall be a minimum of 2 1/2 inches in caliper at the time of planting. Branching height of street trees shall not be less than seven feet above grade when planted. Street trees shall be spaced at least 25 feet apart at the time of planting.

The front landscape strip shall be a strip of variable width (minimum 15 feet wide) between the street tree area and the closest point of a building or impervious surface facing a public right-of-way. (See Figure 5, Designated Landscape Areas, Figure 6, Minimum Landscape Requirements, and Figure 7, Minimum Landscape Heights.[6])

[6]:

Editor's Note: Figures 5, 6 and 7 are included at the end of this chapter.

Plantings. The front landscape strip shall be planted with a minimum of one deciduous or evergreen tree for every 30 feet of horizontal building facing a public right-of-way. Trees planted within this area shall have a height equal to 1/2 of the maximum proposed building height (but not less than 12 feet high or more than 30 feet high) at the time of planting.

Incentive bonuses. Each healthy native tree with a caliper of three inches or greater, which is preserved within the front landscape strip, may be substituted for one new front landscape tree. Each healthy native tree with a caliper of four inches or greater which is preserved within the front landscape strip may be substituted for two new front landscape trees.

Intent. The side and rear landscape strips are intended to promote proper visual separation and adequate buffering between adjoining properties. Parking, drives, and buildings shall not be located within any required side and rear landscape strip.

Location. Required side and rear landscape strips shall begin at the inner limits of the front landscape strip and run parallel to side and rear property lines. The required minimum width of these side and rear landscape strips shall be a distance equal to 1/2 the maximum proposed building height. (See Figure 5, Designated Landscape Areas, Figure 6, Minimum Landscape Requirements, and Figure 7, Minimum Landscape Heights.[7]) However, in no case shall the required width of any side or rear landscape strip be less than 10 feet.

[Amended 3-11-1997]

[7]:

Editor's Note: Figures 5, 6 and 7 are included at the end of this chapter.

Plantings. Required side and rear landscape strips shall be constructed so as to provide a dense visual four-season screen by using one or a combination of any of the landscape options provided in the following Table of Side and Rear Landscape Options (See Table 4, Table of Side and Rear Landscape Area Options. See also Figure 8, Side and Rear Landscape Options.[8])

[8]:

Editor's Note: Table 4 and Figure 8 are included at the end of this chapter.

Incentive bonuses. Healthy woodland provides for a dense landscape screen more effectively than new plants. Healthy existing woodland may be retained in order to fulfill planting requirements within side and rear landscape strips. The minimum width of woodland retained for the purpose of fulfilling side and rear landscape strip requirements shall be equal to the maximum proposed building height; however, in no case shall the required width of retained woodland be less than 30 feet.

The exterior pavement landscape strip shall be a fifteen-foot wide strip running parallel to all parking and on-site driveway pavement edges. In the case of frontage along public rights-of-way, the exterior pavement landscape strip shall be located between the required front landscape strip or a side or rear landscape strip and the proposed pavement edge.

Plantings. The exterior pavement landscape area shall be constructed in accordance with one of the landscape options outlined within the following Table of Exterior Pavement Landscape Options. (See Table 5, Table of Exterior Landscape Options.)[10]

Incentive bonuses. If any portion of a parking area or driveway is immediately adjacent to a required side or rear landscape strip, the provisions of this section shall not apply to that area. (See Figure 9, Interconnected Parking Lots.[11]) A preserved strip (minimum six feet wide) of healthy, dense, native vegetation, located within a required exterior parking landscape strip, may be substituted for the planting requirements in this section.

The required interior pavement landscape strips shall be calculated as a minimum of 5% of the total area of paved drives, parking areas, etc. Interior landscape strips shall be required for all parking lots with more than 20 parking spaces;

The required minimum interior landscape strips must be provided within the limits of parking and/or drive pavements. The minimum landscaped island size usable for satisfaction of these requirements shall not be less than 250 square feet in total area. Parking lots which have multiple parking aisles, which are approximately parallel, shall be required to have planting strips not less than 15 feet wide, spaced not further than 180 feet apart. (See Figure 10, Parking Lots With Multiple Parking Aisles.[12])

Incentive bonuses. Each healthy native tree with a minimum caliper of four inches or greater, which is preserved within interior pavement landscape strips, may be substituted for three new required tree plantings.

Intent. The intent of the signage landscape strip is to reestablish ground cover where disturbed by sign installation and to screen the foundation of monument or pedestal signs without blocking the view of signage information.

Intent. This section is intended to preserve the visual aesthetics of the Performance District by blocking or minimizing the view of refuse, materials storage, loading/receiving docks, and utility installations.

Refuse storage areas, stockpiled materials for packaging and commercial/industrial by-products, and other materials stockpile areas shall be located so as to be out of view from any abutting property and/or public rights-of-way. In cases where this is not possible, these items shall be properly located within a secured area which has been effectively screened. As a minimum, all such areas shall be contained within a stockade, chain link, or similar enclosure which is at least as tall as the object(s) to be screened. Further, the perimeter of any such enclosure shall be subject to the landscape screening requirements outlined herein.

Loading docks and receiving areas, as well as large aboveground utility fixtures, shall be located so as to be out of view from abutting properties and/or public rights-of-way. In cases where this is not possible, these facilities shall be effectively screened in accordance with the minimum landscape screening requirements outlined herein. ("Large aboveground utility fixtures" are defined as any public or private utility component which has a total footprint area of greater than 50 square feet, or has an average height of more than four feet.)

Plantings. Minimum landscape screening requirements for use in satisfying each of the above criteria shall include the planting of one evergreen tree or shrub per 10 linear feet of required screen length or perimeter. The height of required trees or shrubs shall be equal to 1/2 of the maximum height of the item requiring the screen at the time of planting. Required plantings shall be placed at regular spacings so as to maximize the overall density of the landscape screen.

Incentive bonuses. An enclosure either attached or detached from a principal structure, constructed of rigid architectural materials, which are visually compatible with those of the principal structure, may be used to satisfy the requirements of this section and may be substituted for the requirements outlined above.

In order to provide for safe and adequate parking facilities which do not detract from the overall aesthetic quality of development within this District, minimum standards for off-street parking areas have been developed.

All general and specific provisions of the off-street parking requirements of the Bedford Land Development Control Regulations shall apply to this district unless otherwise noted within this section or modified by approval of the Planning Board.

Neither the display of automobiles or other objects which may be for sale nor the storage of raw or processed materials shall be permitted within any required off-street parking spaces or their interconnecting drives and/or aisles.

Adequate space within, or immediately adjacent to, off-street parking lots shall be provided for the storage of winter snow. Winter snow shall not be placed within required off-street parking stalls, or their aisles and/or interconnecting drives. All designated snow storage area(s) shall be located and devised such that anticipated snow volumes will not pose a threat to vehicular and/or pedestrian circulation. Further, snow storage areas shall have adequate provisions made so as to avoid icing or flooding of traveled areas during periods of snow melt.

Refuse storage areas, stockpiled material packaging and commercial/industrial by-products, material storage areas, and stockpiles shall be located so as to be out of view from any abutting property and/or public right-of-way.

As a minimum, all such areas within view of adjoining properties or public streets shall be contained within a stockade, chain link, or similar enclosure which is at least as tall as the object(s) to be screened.

"Large aboveground utility fixtures" are defined as any public or private utility component which has a total footprint area of greater than 50 square feet or has an average height of more than four feet.

Enclosures. An enclosure, either attached or detached from a principal structure, constructed of rigid architectural materials which are visually compatible with those of the principal structure, may be used to satisfy the requirements of this section and may be substituted for the requirements outlined above.

Plantings. All plantings required by this article shall be installed according to accepted horticultural standards and shall be regularly maintained. Required plantings shall be replaced as necessary in order to maintain compliance with these zoning requirements.

Verification of plantings. In situations where these various incentives are exercised, officials of the Town of Bedford or their representatives shall have the ability to verify the effectiveness, health, size, and number of retained plantings at the completion of construction.

Correction of deficiencies. Any deficiencies found with regard to these items shall be corrected and may require the installation of additional plantings prior to the issuance of a certificate of occupancy for the property.

Reclamation of disturbed areas. All areas disturbed by construction shall be covered with a minimum thickness of four inches of suitable topsoil and be subsequently planted with grass seed, sod, or other vegetative ground cover.

Waiver of landscape requirements when necessary for public safety. None of the landscape requirements contained within this article shall be construed so as to require installation, where proper site distance at drives or along public streets may be inhibited by such improvements. The Planning Board may omit any landscape requirements of this article when deemed to be necessary, for reasons of public safety.

A separate structure supported from the sides. A sign for identification of the business or center as a whole and for listing the major tenants and their building numbers/address numbers. (See Figure 11, Center Identification Sign.)

A separate structure supported from grade to the bottom of the sign with a base or wall that is larger than the sign. A sign for identification of the business or center as a whole and for listing the major tenants and their building numbers/address numbers. (See Figure 11, Center Identification Sign.)

Any object, devise, display, structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images.

The entire face, including the surface and any molding, framing, and projections, but not including the base, wall, or column supports. Individual letters and logos mounted on a building shall be measured by the area enclosed by four straight lines outlining each word and logo.

Freestanding signs shall include the identification of the business or center as a whole and major tenant and street address range included within the center. A freestanding sign shall be either a monument- or directory-type sign.

General provisions. In order to facilitate vehicular and pedestrian safety, promote property security, and enhance the overall use of properties within this district, exterior site lighting shall be required for all permitted uses subject to site plan review.

In order to minimize glare and other adverse effects associated with exterior lighting, all exterior lighting fixtures shall be of a design that provides for full cutoff luminaires. A full cutoff luminaire shall mean a luminaire light distribution where zero candela intensity occurs at or above an angle of 90° above nadir and the candela per 1,000 lamp lumens does not numerically exceed 100 (10%) at an angle 80° above nadir. This applies to all lateral angles around the luminaire.

Further, all fixtures shall be positioned and/or installed in such a fashion as to prevent unwanted incidental illumination of abutting properties and streets. (See Figure 12, Design of External Lighting Fixtures.[1])

Environmental performance standards specific to the Performance District, enumerated herein, have been developed in order to protect the long-term environmental quality and overall vitality of this district.

The variety of permitted uses, taken together with often intensive land use patterns and an inventory of environmental resources specific to this district, necessitates this series of environmental performance standards.

In addition to the provisions of this article, development within this district shall also be subject to applicable local, state, and federal land use controls and regulations. The content of this article shall not be construed to imply relief from the requirements of state or federal statutes.

Intent. These performance standards governing noise are intended to ensure that the rights of property owners, as well as the overall health and general welfare of the district, are not diminished by unreasonable noise levels generated within the district.

Maximum permissible sound level. The maximum permissible sound level produced by any continuous, regular, or frequent source of sound or noise, produced by any permitted use or activity within this district, shall not exceed a measurable level of 75 dB beyond the property boundaries of the site upon which the sound or noise is generated or originates.

Sound or noise abatement. In order to comply with these maximum sound level requirements, sound or noise level abatement techniques may be used to mitigate levels of site-generated sound or noise. To this end, modern acoustical technology may be applied to achieve compliance with these regulations.

Activities related to public and private construction or maintenance work, agriculture, timber harvesting, emergency warning devices, and other similar short-term or temporary uses may be administratively exempted from the requirements of this section if, in the opinion of the Zoning Administrator or his/her agent, sufficient reason exists to do so.

Definition of steep slope areas. For the purposes of this section, steep slope areas shall be defined as naturally existing, continuous areas of land, with a contiguous area of 1/2 acre or more, which have an average cross slope gradient steeper than 25%.

Restrictions in steep slope areas. In order to guard against hazards implicit in the development of steep slope areas, construction within these areas shall be limited to those activities which are incidental to the use and/or development of land outside of a steep slope area and shall be subject to the following restrictions:

Performance standards related to nuisance odors. Uses and activities which produce continuous, regular, or frequent odors and/or emissions, detectable beyond the boundary of the property from which the odor originates, may be prohibited, in whole or in part, if the odor or emission in question is a known health risk or danger or if the Zoning Administrator judges such odor or emission to be harmful to the rights of others to enjoy their property(s).

Pursuant to RSA 483-B and the 1990 Bedford Master Plan, this section establishes standards for the subdivision, use, and development of shorelands within 250 feet of public waters, herein identified as the Merrimack River, for the purpose of minimizing degradation of shorelands and assuring retention of the benefits provided by such shorelands.

The line on the shore, running parallel to the main stem of the river, established by the fluctuations of water and indicated by physical characteristics such as a clear impression on the immediate bank, shelving, soil characteristics, vegetation markings, and the presence of water-deposited debris. Where the ordinary high-water mark is not easily discernible, the mark shall be determined by a soil scientist certified by the State of New Hampshire.

Subdivision, vegetation or soil disturbance, use, and development of land within the protected shoreland area, i.e., 250 feet of the ordinary high-water mark of the Merrimack River, shall be permitted according to Subsection F of this § 275-71.[1]

[1]:

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

All disturbed areas, construction, and/or development activities shall incorporate design standards for erosion and sedimentation control which, at a minimum, shall follow the recommendations of the publication Stormwater Management and Erosion and Sediment Control Handbook for Urban and Developing Areas in New Hampshire, August 1992, prepared by the Rockingham County Conservation District for the New Hampshire Department of Environmental Services.

All proposed disturbance, construction, and/or development activities within the two-hundred-fifty-foot protected shoreland area (exempting agricultural activities utilizing best management practices in conformance with the New Hampshire Department of Agriculture and development/maintenance of the New Hampshire Heritage Trail) shall first receive approval from the Bedford Planning Board in accordance with the Bedford Nonresidential Site Plan Regulations.

Applications to the Bedford Planning Board shall include a site plan, pre- and post-development drainage calculations, a grading plan, a stormwater management and erosion/sedimentation plan, and a landscape plan, prepared by a professional engineer certified by the State of New Hampshire.

Restricted uses. The following uses shall require a review or permit from the New Hampshire Department of Environmental Services, the New Hampshire Wetlands Board, the United States Army Corps of Engineers, and/or the United States Environmental Protection Agency, in addition to site plan approval from the Bedford Planning Board:

Use of any fertilizers (exempting fertilizers used as part of agricultural operations in conformance with best management practices of the New Hampshire Department of Agriculture) other than lime and/or wood ash; and

Where existing, a natural woodland buffer shall be maintained within 250 feet of the public boundary line, i.e., the ordinary high-water mark of the Merrimack River, excluding existing and ongoing agricultural activities and development/maintenance activities related to the New Hampshire Heritage Trail.

Not more than a maximum of 50% of the basal area of trees, a maximum of 50% of the total number of saplings, and a maximum of 50% of the total area of ground cover shall be removed for any purpose within a twenty-year period.

Vegetation which is removed to clear an opening for building construction, sewer, water, other utility line extension, or the New Hampshire Heritage Trail shall be excluded when computing the percentage limitations.

Setbacks. No principal or accessory structure, excluding water-dependent structures, shall be located within 50 feet of the pubic boundary line, i.e., the ordinary high-water mark of the Merrimack River.

Administration and enforcement. See Article XI of this chapter. All development activities within the two-hundred-fifty-foot protected shoreland area (exclusive of agricultural activities and development/maintenance of the New Hampshire Heritage Trail) shall be required to submit an as-built building and site plan prepared by a professional engineer certified by the State of New Hampshire prior to issuance of a certificate of occupancy by the Bedford Building Code Official.

It is the intent to promote the health, safety, and general welfare of the citizens of the Town of Bedford; and it is the intent of this section that the regulations be utilized to prevent problems of blight and deterioration which accompany and are brought about by the concentration of sexually oriented businesses; and the provisions of this section have neither the purpose nor the effect of imposing limitation or restriction on the content of any communicative materials, including sexually oriented materials;

It is not the intent nor the effect of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market; and neither is it the intent nor the effect of this section to condone or legitimize the distribution of obscene material.

Allowed locations. Adult entertainment businesses, defined in § 275-60, are permitted only in the PZ District, provided that all other regulations, requirements, and restrictions for the zone in which the adult entertainment business is to be located are met; and no entertainment business shall be permitted within 1,000 feet of another existing adult entertainment business or one for which a building permit has been applied for; and

No adult entertainment business shall be permitted within 1,000 feet of any church, place of worship, parish house, convent, public, parochial, or private school, kindergarten, state-approved day-care center or public sports/recreation parks; and no adult entertainment business shall be permitted within 1,000 feet of the Town boundaries;

No adult entertainment business shall be permitted within 1,000 feet of another existing adult entertainment business on the date of the passage of this section, and no adult entertainment business shall be permitted within a building, premises, structure or other facility that contains a sexually oriented business as defined in the definitions § 275-60 of the Performance Zone.

Measure of distance. The distance between any adult entertainment business and a church, school, residence, etc., or another adult entertainment business shall be measured in a straight line, from property boundary to property boundary, without regard to intervening structures.

Additional reasonable regulations. The Planning Board is empowered hereunder to review and approve permit applications for adult entertainment businesses and impose reasonable restrictions for buffering, outdoor lighting, parking, adequate ingress and egress from the site off of and onto public roads, pedestrian movement, and to provide for appropriate landscaping and building aesthetics in the Nonresidential Site Plan Review Regulations of the Town of Bedford, New Hampshire, and to avoid site development layout which may result in negative environmental impacts.[1]

[1]:

Editor's Note: Original Article 45-10, Off-Street Parking Requirements, which immediately followed this section, was moved to the Bedford Land Development Control Regulations, which are on file in the Clerk's office.